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HomeMy WebLinkAbout111615_ca05Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Su Tipton, WSU Jefferson County Extension DATE: November 16, 2015 RE: Grant: WA State Department of Ecology Agreement SEANWS-2015- JeCoWS-00007 STATEMENT OF ISSUE: The Marine resources is requesting approval on the referenced grant agreement. The effective date of 10/01/2015, completion date of 09/30/2016. ANALYSIS: This grant will improve the health of local marine habitats and shorelines by implementing programs. This grant will fund administrative support, expand a successful rain garden, maintain shellfish & eelgrass voluntary no -anchor zones, initiate a new Olympic oyster project, continue outreach programs, support citizen -science monitoring of shoreline project at Fort Townsend State Park and release bull kelp sites in Jefferson County. FISCAL IMPACT: $73,000.00, entirely grant funded — no cost incurred by the County. RECOMMENDATION: We recommend that the Commissioners approve this agreemenet. DEPARTMENT CONTACT: Su Tipton, 360.379.5610 ext. 206 REVIEWED BY: ihp Morle} , Co ty Adminis for Date Agreement No: SEANWS-2015-JeCoWS-00007 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY DEPARTMENT OF ECOLOGY State of Washington Agreement SEANWS-2015-JeCoWS-00007 NORTHWEST STRAITS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY" and JEFFERSON COUNTY, hereinafter referred to as the 'RECIPIENT" to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than Project Type: Page I of Jefferson County Marine Resources Committee $73,000.00 $73,000.00 $73,000.00 $0.00 10/01/2015 09/30/2016 NW Straits Grant Project Short Descrintion• Jefferson MRC will improve the health of local marine habitats and shorelines by implementing specific programs. This grant will fund administrative support, expand a successful rain garden initiative, maintain shellfish & eelgrass voluntary no -anchor zones, initiate a new Olympia oyster project, continue outreach programs and support citizen -science monitoring of a shoreline restoration project at Fort Townsend State Park and of selected bull kelp sites in Jefferson County. Project Long Description: JCMRC works to improve the health of the marine waters, shorelines and aquatic resources through projects and programs that reflect the Puget Sound Action Agenda and NWSI strategic plan. Protecting Eelgrass and Shellfish Beds (AA Goals 1 & 3. NWSI Goals I, 3 & 4) The MRC has successfully established three voluntary no -anchor zones to protect eelgmss and shellfish harvest areas in Jefferson: Port Hadlock, Mystery Bay and Port Townsend. The buoys require regular maintenance, including SEANWS-2015-IeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Paget Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY checking lines, removing tangled debris, replacing buoys and worn hardware. Continued outreach to boaters is alsu essential to the success of the. project. Citizen Science Monitoring: Fort Townsend & Kelp (AA Goal 2. NWSI Goal 1 & 3) (1) Shoreline restoration at Fort Townsend is scheduled for construction in fall 2016. Pre -construction baseline monitoring with trained volunteers was initiated in Spring 2015. This project provides pre-constmction, citizen science monitoring to document changes in beach slope, forage fish spawning activities, sediment size, large woody debris (LWD) and park visitor perceptions. (2) JCMRC is participating in a regional kelp monitoring project to fill gaps in DNR kelp data sets. Monthly bull kelp surveys will take place in July, August and September 2016 on 2-3 kelp beds using volunteers and NW Straits kelp protocols field tested in 2015. The project may include plankton sampling if plankton ID expertise is confirmed. Rain Gardens & Stormwater (AA Goal 1. NWSI Goal 2 & 4) The MRC has been working with the City of Port Townsend and WSU Extension to identify urban stormwater drainage areas that regularly exceed acceptable standards for E. coli. Three min gardens were built in 2014-2015 within one of these high priority areas to trap and filter storrnwater runoff. This year's funding will support a more comprehensive countywide prioritization of "hot spots" that would benefit from rain garden installations, construction of 2 more rain gardens and installation of interpretive signs as appropriate. Partners providing in-kind and matching support include WSU Jefferson Extension faculty and volunteers, City of Port Townsend, local students and Jefferson County Environmental Health. Olympia Oysters in Quilcene Bay (AA Goal 2 & 3. NWSI Goal 3) JCMRC and its partners want to re-establish an Olympia oyster population in Quilcene Bay. Our 2016 project goal is to establish test plots to assess seed survival and look for natural recruitment from scattered conspecifics. We will have identified suitable habitat for test plots by the end of summer 2015. The project budget includes purchase 50 bags of one-year seeded cultch from Puget Sound Restoration Fund. Once permits are received, seeded cultch will be placed in 2016. Overall Goal: To improve the health of local marine and nearshore habitats and species by 1) preventing boater impacts to shellfish and eelgrass beds, 2) testing feasibility of restoring Olympia oyster population to one of the WDFW Restoration Plan priority areas, 3) removing contaminants from stormwater and 4) engaging the public in citizen science monitoring and educational programs. S EAN W S-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 3 of Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY RECIPIENT INFORMATION Organization Name: JEFFERSON COUNTY Federal Tax ID: 91-6001322 DUNS Number: 184826790 Mailing Address: 380 Jefferson Street Port Townsend, WA, 98368 Physical Address: 380 Jefferson Street Port Townsend, Washington, 98368 Contacts Project Manager Cheryl Lowe MRC Coordinator 380 Jefferson St Port Townsend, Washington, 98368 Email: cheryl.lowe@wsu.edu Phone: (360) 379-5610 x230 Billing Contact Suzan Tipton Financial Coordinator 380 Jefferson St Port Townsend, Washington, 98368 Email: wsufnancial@co.jefferson-wa-us Phone: (360)379-5610x206 Authorized Laura Rehmke Lewis Signatory Director 380 Jefferson Street Port Townsend, Washington, 98368 Email: laura.lewis@wsu-edu Phone: (360) 379-5610 S EAN W S-2015 -JeCoWS-00007 Agreement No: SEANWS-2015-JeCOWS-00007 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive Lacey, WA 98503 Contacts Page 4 of 321 Project Sasha Horst Manager Northwest Straits Commission 10441 Bayview -Edison Road Mount Vernon, Washington, 98273 Email horst@nwstraits.org Phone: (360) 428-1084 Financial Sasha Horst Manager Northwest Straits Commission 10441 Bayview -Edison Road, Mount Vernon, Washington, 98273 Email: horst@nwstraits.org !, Phone: (360) 428-1084 C Technical Ginny Broadhurst Advisor 10441 Bayview -Edison Road Mount Vernon, Washington, 98273 Email: hroadhurst@nwstraits.org Phone: (360) 428-1085 S EA N W S-2015-JeC o W S-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Project Title: Jefferson County Manne Resources Committee Recipient Name: JEFFERSON COUNTY Page 5 of3� RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agr( Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, regulations, and guidelines mentioned in this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not�� be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement - IN WITNESS WHEREOF, the parties hereby sign this Agreement Washington State Department of Ecology Program Manager Gordon White Shorelands Date an" oved as t0 f)rm Only h jr40 is ]effcr AA Co. David Alvarez, ChiefL Ci APA SEANWS-2015-JeCo WS -00007 JEFFERSON COUNTY Laura Rehmke Lewis Late Director Chairperson, Board of County Commissioners Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSONCOUNTY SCOPE OF WORK Task Number: I Task Cost: $36,208.00 Task Title: Project Administration/Management Task Description: 1.1 MRC Meetings and Communication: schedule and hold regular meetings of the MRC; prepare and distribute agenda; prepare and distribute meeting minutes; invite speakers on topics of community interest; and other logistical and communication functions as needed. Provide summary of activities for MRC representative to share at Northwest Straits Commission (NWSC) meetings. 1.2 Grant administration: Prepare progress reports, final report and closeout report for Northwest Straits Commission; track and administer budget; document matching funds and volunteer time; perform contract management; and prepare grant applications for MRC projects. 1.3 MRC Web Site: Existing MRC web site will be maintained and regularly updated with notices of upcoming meetings and agendas and other timely and relevant information. 1.4 Annual Report: This report will summarize MRC activities and progress on projects, including progress in achieving the Northwest Straits Initiative's performance benchmarks and connection to Puget Sound Action Agenda. 1.5 Annual Workplan: The workplan will include the objectives, timeframe, products, and benchmarks addressed in this scope of work. 1.6 Training: The MRC members will attend the Northwest Straits Commission training and/or additional conferences, trainings, and workshops as appropriate. 1.7 Representation at NWSC meetings: A representative of the MRC will attend each Northwest Straits Commission meeting and provide an update on current activities of the MRC. 1.8 Local Integrating Organization: The MRC will participate in meetings and operations of the Local Integrating Organization (LIO) in order to participate in the local planning process and action agenda update, including identification of Near Term Actions. Task Goal Statement: To cant' out administrative functions in support of the mission (including work plan preparation, developing and preparing grant proposals, programmatic staff support, project monitoring and performance tracking, education programs and grant writing), travel, planning and participate in training opportunities. Task Expected Outcome: a. MRCS have a documented process to recruit and train members to be active participants and contributors to the work of the MRC. b. Information about projects and the work of the MRC is accessible and shared regularly through presentations, meetings and web site. c. The MRC meets regularly in a public forum that is promoted locally to community members and decision makers. S E A N W S-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCOWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY d. The MRC is informed of and contributes to the work of the Northwest Straits Commission. e. The value of volunteer hours and other local contributions to the work of the MRC is documented and shared with the Commission and the County. f. The work of the MRC is planned in advance through an annual workplan and documented in an annual report. g. MRC members and staff contribute to other relevant local and regional processes related to marine issues. Recipient Task Coordinator: Cheryl Lowe SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY Project Administration/Management Deliverables - - Number Description Due Date 1.1 Quarter/ Progress Report 01/08/2016 1.10 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 2 09/30/2016 1.11 Annual Workplan 01/08/2016 1.12 Annual Report 01/08/2016 1.13 Quarter 1 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 01/08/2016 1.14 Quarter 2 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 04/08/2016 1.15 Quarter 3 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 07/08/2016 1.16 Quarter 4 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 09/30/2016 1.17 Quarter 1 Report to the Commission 01/08/2016 1.18 Quarter 2 Report to the Commission 04/08/2016 1.19 Quarter 3 Report to the Commission 07/08/2016 1.2 Quarter 2 Progress Report 04/08/2016 1-20 Quarter 4 Report to the Commission 09/30/2016 1.21 Quarter I Matching FundsNolunteer Time Tracking 01/08/2016 1.22 Quarter 2 Matching FundsNolunteer Time Tracking 04/08/2016 1.23 Quarter 3 Matching FundsNolunteer Time Tracking 07/08/2016 124 Quarter 4 Matching FundsNolunteer Time Tracking 09/30/2016 1.3 Quarter 3 Progress Report 07/08/2016 1.4 Quarter 4 Progress Report 09/30/2016 1.5 Quarter 1 Meeting Agenda and Minutes 01/08/2016 SEANWS-2015-JeCoW S-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY 1.6 Quarter 2 Meeting Agenda and Minutes 04/08/2016 1.7 Quarter 3 Meeting Agenda and Minutes 07/08/2016 1.8 Quarter 4 Meeting Agenda and Minutes 09/30/2016 1.9 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 1 04/08/2016 S E A N W S-20 [ 5-JeC o W 5-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY SCOPE OF WORK Task Number: Task Title: Monitoring Task Cost: $4,545.00 Task Description: (1) Citizen Science Monitoring Fort Townsend State Park Shoreline restoration at Fort Townsend is scheduled for construction in fall 2016. Pre -construction baseline monitoring with trained volunteers was initiated in Spring 2015. This project provides a second season of pre -construction, citizen science monitoring to document changes in beach slope, forage fish spawning activities, sediment size, large woody debris (LVD) and park visitor perceptions. MRC volunteers and staff, trained by the MRC, Northwest Straits Foundation and WDFW, completed baseline monitoring in 2015- (2): Bull Kelp Monitoring Working in collaboration with the Northwest Straits Commission, Jefferson MRC members will monitor bull kelp density in Jefferson County, to provide valuable information on the status of local bull kelp communities. Kelp canopies serve as refuge for a variety of fish and invertebrate communities that are an important part of the food web. Task Goal Statement: (1) Citizen Science Monitoring Fort Townsend State Park The MRC's primary goal is to collect data about pre -construction forage fish spawning activities, beach characteristics and visitor perceptions about beach access at Fort Townsend State Park. A second goal is to provide specific opportunities for community engagement in a nearshore restoration project. (2) Bull Kelp Monitoring The Jefferson MRC will monitor the size and density of kelp canopies during low -tide events between July -September, 2016 and contribute to a georeferenced database of kelp abundance and distribution that can be incorporated into SoundIQ. Task Expected Outcome: (1) Citizen Science Monitoring Fort Townsend State Park Collect 2016 data for beach slope, forage fish spawning activities, sediment size, large woody debris (LVD) and park visitor perceptions. Forage fish surveys will be twice a month- Other data are collected once or twice a year. Participation by at least 15 trained volunteers Direct contact with local leaders and at least 60 park visitors (2) Bull Kelp Monitoring Identification of long-term kelp monitoring stations along the east Jefferson County shoreline Use of established methods to produce georeferenced density data to evaluate longer-term trends and support environmental decision-making. Recipient Task Coordinator: Cheryl Lowe S EA N W S-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page II Project Titles Jefferson County Marine Resources Committee Recipient Name: JEFFERSONCOONTY Monitoring Deliverables Number Description Due Date 2.1 Copy of monitoring plan, protocols and QAPP 01/08/2016 2.2 Summary of outreach activities (including press releases, jpg photos) 09/30/2016 2.3 Forage fish spawning survey data and summary 08/30/2016 2A Copy of beach character data and visitor surveys with summary report 08/15/2016 2.5 List of proposed kelp monitoring stations 01/08/2016 2.6 Initial list of participants and dates for data collection efforts 04/08/2016 2.7 Brief report on initial practice sessions, names of participants and outcomes 07/30/2016 2.8 Kelp survey data and summary report with recommendations for 2017 09/30/2016 SEANWS-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCOWS-00007 Page 12 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY SCOPE OF WORK Task Number: 3 Task Cost: $10,855.00 Task Title: Rain Gardens & Stormwater Task Description: The MRC will complete a comprehensive, county -wide identification and prioritization of"hot spots" that would benefit from rain garden installations. "Hot spots" are urban drainage areas that regularly exceed acceptable standards for E. coli. This list will identify publicly -owned sites that are both feasible and where rain gardens will improve water quality. The MRC will review and analyze a "Hood Canal Regional Stormwater Retrofit Project" report prepared by Herrera Environmental Consultants in 2014 for the Hood Canal Coordinating Council (HCCC) and consult with City of Port Townsend Public Works and Jefferson County Environmental Health to develop the list - The MRC will also solicit willing landowners in high-priority areas to construct two rain gardens. Installation will be done by volunteers with the assistance of the Native Plant Salvage Foundation (NPSF). The MRC will host educational programming to encourage more rain garden installations. A public workshop on Rain Gardens will be offered and the MRC will install educational signs and send out press releases to various local media. Task Goal Statement: 1) develop a comprehensive, county -wide identification and prioritization of stormwater drainage basins that will provide guidance for the next 3-5 years, 2) Install two rain gardens in high-priority areas 3) Conduct outreach to the community through media coverage, a workshop and interpretive signs at the new rain gardens. Task Expected Outcome: An assessment and report of high-priority stormwater problem areas where rain gardens would help intercept contaminants entering the Sound, two new rain gardens and at least 15 new people directly engaged in leaming about or helping to install rain garden projects. These new participants will be ambassadors for more rain gardens. Recipient Task Coordinator: Cheryl Lowe/Bob Simmons/Judy D'Amore SEANW 5-2015-JoCoWS-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 13 Project Tide: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY Rain Gardens & Stormwater Deliverables Number Description Due Date 3.1 Priority assessment report 01/08/2016 3.2 Summary report of rain garden installation, including jpg photos, design sketch, inflow/outflow data collected to date and volunteer sign in sheets 09/20/2016 3.3 Outreach summary report including workshop registration list, press release and local media articles and jpg photos of installed signage. 09/30/2016 3.4 Presentation of project information to PSEMP Stormwater Workgroup 09/20/2016 3.5 Raingarden monitoring protocols/QAPP 01/08/2016 S E AN W S-2015-JeC o W S-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 14 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY SCOPE OF WORK Task Number: Task Cost: $5,810.00 Task Title: Eelgrass & Shellfish Bed Voluntary No Anchor Zones Task Description: The MRC has successfully established three voluntary no -anchor zones to protect eelgrass and shellfish harvest areas in Jefferson County: Port Hadlock, Mystery Bay and Port Townsend. The buoys require regular maintenance, including checking lines, removing tangled debris, replacing buoys and worn hardware. Continued outreach to boaters is key to the success of the project. The MRC will focus on reaching the general boater audience through articles in regional boating publications, at least two presentations to local boating clubs, and one paid ad in a boating -related publication - Task Goal Statement: The MRC will protect three established eelgrass and shellfish habitat areas by encouraging boaters to respect voluntary no anchor zones that are delineated by maintained marker buoys. 95% compliance in 2016 in the established no -anchor zone in Port Townsend, measured during the 2016 Wooden Boat Festival (95% of all the boats anchored along the PT waterfront area north of the ferry dock) 85% compliance in 2016 in the newly -established no anchor zone in Port Townsend, measured during the 2016 Wooden Boat Festival, compliance defined as boats outside an imaginary line drawn from the end of the Ferry dock along the new buoys to the south end. Task Expected Outcome: Voluntary compliance with no anchor zones by visiting and resident boaters who understand that they should anchor outside of designated areas and why it is important to do so. Eelgrass and shellfish beds will be protected. Recipient Task Coordinator Cheryl Lowe/Dale Moses Eelgrass & Shellfish Bed Voluntary No Anchor Zones Deliverables Number Description Due Date 4.1 Buoy maintenance report 09/20/2016 4.2 Final outreach report (including copies of articles from local media, 2 presentations and one paid ad, jpgphotos) 09/30/2016 4.3 Presentation of project information to PSEMP Nearshore Workgroup 09/30/2016 4.4 Fact sheet describing the effectiveness of no anchor zones with actions, outcomes, costs and challenges for implementin no anchor zones - 09/30/2016 S EAN W S-2015-JeCo W S-00007 Agreement No: SEANWS-20t5-JeCoWS-00007 Pagel Project Title: Jefferson County.Marine Resources Committee Recipient Name: JEFFERSON COUNTY S EAN W 5-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 16 Project Tide: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY SCOPE OF WORK Task Number: 5 Task Cost: $4,257.00 Task Title: Education & Outreach Task Description: The MRC will develop and implement a 2016 Outreach Plan that identifies target messages, audiences and strategies (events, actions and programs) to reach these audiences. The MRC will identify specific target audiences and key messages related to MRC priority projects, including at least one strategy/activity that utilizes social media to engage new audiences as it connects them to an MRC project or key message. Once the Outreach Plan is completed, metrics for measuring success will be established. Task Goal Statement: Increase awareness of MRC projects and encourage individual actions that improve water quality and protect nearshore and marine resources. Task Expected Outcome: Changes in behavior are often the result of multiple contacts and messages over time. Expected outcomes are more easily measured by counting direct contacts - Recipient Task Coordinator: Cheryl Lowe/AI Bergstein Education & Outreach Deliverables Number Description Due Date 5.1 2016 Outreach Plan 12/20/2015 5.2 Final report on Outreach Plan activities 09/30/2016 SEAN WS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 17 of. Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY SCOPE OF WORK Task Number: 6 Task Cost: $11,325.00 Task Title: Olympia Oysters in Quilcene Bay Task Description: The MRC has identified five potential test plot sites in Quilcene tidelands that do not currently have eelgrass present. After agency permits are obtained, the MRC will distribute 50 bags of one year old seeded cultch from Puget Sound Restoration Fund along with 1-3 shell strings (clean shell strings currently used as natural seed set indicators) into these test plots and monitor results for the next three years. Olympia Oysters habitat enhancement monitoring in Discovery Bay will continue with a second year of monitoring, using protocols developed by WDFW- Quilcene Bay monitoring for seed survival, predation and competition from Pacific oysters will occur in late summer 2016, if installation occurs before July 1, 2016. Data on natural seed set will also be collected in late summer 2016, using shell string protocols developed by Puget Sound Restoration Fund. Task Goal Statement: The long-term goal is to re-establish Olympia oyster population in Quilcene Bay. The immediate, short-term goal is to establish test plots to determine Olympia oyster seed survival and look for natural recruitment from scattered Olympia oysters in this bay. Observation and monitoring of these test plots will take place over the next 3 years. Task Expected Outcome: Collection of data from these test plots will guide future restoration actions. Data will provide information about likelihood of survival of Olympia oysters in this site and identify challenges such as predator populations, competition from Pacific oysters, water quality and other environmental conditions. Recipient Task Coordinator: Cheryl Lowe/Ralph Riccio Olympia Oysters in Quilcene Bay Deliverables Number Description Due Date 6.1 Copies of permit applications 11/30/2015 6.2 Summary report on delivery and distribution of seeded cultch 07/30/2016 6.3 Final project report on Olympia oysters (including search for dispersed natural oysters, media articles and jpb images) 09/15/2016 6.4 Olympia Oyster survey data and summary report for both Discovery Bay and Quilcene Bay with recommendations for 2017. 09/30/2016 6.5 Copy of monitoring protocols/QAPP 04/08/2016 SEAN W S-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resumces Committee Recipient Name: JEFFERSON COUNTY SEAN W 5-2015-JeCo W 5-00007 Agreement No: SFANWS-2015-JeCoWS-00007 Page 19 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY BUDGET Funding Distribution EG160095 Funding Title: JEFFERSON COUNTY Funding Type: Grant Funding Expiration Date: 09/30/2016 Funding Effective Date: 10/01/2015 Funding Source: Title: EPA -NW Straits Type: Federal CFDA: 66.123 Assistance Agreement: Description: Northwest Straits Commission and Marine Resources Committees Recipient Match %: 0 InKind Interlocal Allowed: Yes InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No JEFFERSON COUNTY Task Total MRC Operations $ 36,208.00 Monitoring $ 4,545.00 Eelgrass & Shellfish Bed Voluntary No Anchor Zones $ 5,810.00 Rain Gardens & Stormwater S 10,855.00 Education & Outreach S 4,257.00 Olympia Oysters in Quilcene Bay $ 11,325.00 Total: $ 73,000.00 SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 20 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total JEFFERSON COUNTY 0.00 % $ 0.00 1 $ 73,000.00 1 S 73,000. Total $ 0.00 1 $ 73,000.00 IS 73.000.OD AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS FEDERAL SUBRECIPIENT REQUIREMENTS 1. INTRODUCTION This Exhibit E contains provisions that are not listed on OMB Standard Form 424B (Rev 4- 2012). These provisions apply only to Sub -recipients. 2. AUDIT REQUIREMENTS Sub -recipient CONTRACTOR shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the CONTRACTOR expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The CONTRACTOR shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES If an EPA award is received before December 26, 2014 and no funding is added on or after December 26, 2014, the recipient agrees to comply with the cost principles of the below listed federal regulations, to the extent they apply to the sponsor. • 2 CFR 225 (A-87) for State, Local, and Indian Tribal Governments • 2 CFR 220 (A-21) for Educational Institutions • 2 CFR Part 230 (A-122) for Non -Profit Organizations If an EPA award is received on or after December 26, 2014, the recipient will comply with the Cost Principles: 2 CFR 200, Subpart E If an EPA award is received prior to December 26, 2014, and supplemental or incremental funding is added to the award on or after December 26, 2014, the recipient will comply with the Cost Principles: 2 CFR 200 Subpart E. Unless otherwise kind thatching donations. The applicability of the cost principles depends on the type of organization incurring the costs. SEANW S-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCOWS-00007 Page 21 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES additional requirement CONTRACTOR agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part 33. CONTRACTOR shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 6. DRUG FREE WORKPLACE CONTRACTOR (Sub -Recipient) shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. CONTRACTORS who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. 7. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS a. In order to comply with the FFATA, the Sub -Recipient shall complete the FFATA Data Collection Form (FFATA Data Collection Form, Exhibit E, Attachment 2) and return it to the AGENCY. The AGENCY will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov. This information will be made available to the public at www.usaspending.gov. SubRecipients who do not have a DUNS number can find guidance at WWW.grants.gov. Please note that AGENCY will not pay any invoices until it has received the completed FFATA Data Collection Form. b. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If you do not already have one, you may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com. c. Any sub -recipient that meets each of the below criteria must also report compensation for its five top executives, using AGENCY's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form if the sub -recipient meets the following criteria: • Receives more than $25,000 in federal funds under this award. • Receives more than SO percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. SEANWS-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCOWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY • The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a}, 78(d) or section 6104 of the Internal Revenue Code of 1986. See www.fsrs.gov for details of this requirement. If your organization falls into this above category, you must report the required information to AGENCY. 8. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Subrecipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://fwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that .such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if CONTRACTOR's responsibilities under this contract include gathering public input on an environmental issue, CONTRACTOR's communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 9. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 10. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 11. REIMBURSEMENT LIMITATION If CONTRACTOR expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 12. SEMI-ANNUAL AND ANNUAL PERFORMANCE REPORTS The Sub -recipient shall submit performance reports during the life of the project, as specified in the statement of work or work plan developed under this contract. In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award, or as specified in the work plan or statement of work. The report shall be submitted to the PSP Project Officer and may be provided electronically. The report shall generally SEANWS-2015-JeCO WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Tide: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the PSP Project Officer may waive the requirement for a final performance report if the PSP Project Officer deems such a report is inappropriate or unnecessary. 13. SUB -AWARDS If CONTRACTOR (Sub -Recipient) makes sub -awards under this contract, CONTRACTOR is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. CONTRACTOR agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); c. Ensure that any sub -awards comply with the standards in Section 210(a) -(d) of OMB Circular A- 133, and are not used to acquire commercial goods or services for the subawardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; I, Obtain AGENCY's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31 .30, as applicable. 14. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) as amended in 22 U.S.C. 7104(9) This provision applies only to a Sub -Recipient, and all sub-awardees of Sub -Recipient, if any. See page one (1) of this contract for determination of whether CONTRACTOR is a subrecipient. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the Sub -Recipient, your employees, sub-awardees under this award, and subawardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -Recipient, and all sub-awardees of Sub -Recipient must inform AGENCY immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. S EAN W S-2015-JeCoWS-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY 2. The RECIPIENT/CONTRACTOR shall provide hmnediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180,330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And TraWarenev Act (FFATA) Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Foran (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. Receives more than 525,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds; and Receives more than $25,000,000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <httt)://www.usaspending.gov>- For more details on FFATA requirements, see www. fsrs.2ov <hni3://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL SEAN WS-2015-JeCo W S-00007 Agreement No: SEANWS-2015-JeC0WS-(0007 Page 25 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY Edition". https://fortress.wa-gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either parry. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 26 Project Title: Jefferson County Marine Resources Committee Revipient Name: JEFFERSON COUNTY f) ECOLOGY will pay the RECIPIEN'1' thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pagesidefault.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with SEANW S-2015-JeCoWS-00007 Agreement No: SEANWS-20154cCoWS-00007 Page 27 Project Title. Jefferson County Marine Resources Committee Recipient No.: JEFFERSONCOUNTY state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environmental -monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS) data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. c) RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCOWS-00007 Page 28 Project Title: Jefferson County Manne Resources Committee Recipient Name: JEFFERSON COUNTY ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grunts and Loans" and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) Provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 29 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages, blogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April I through June 30, July 1 through September 30, and October I through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. SEANwS-2015-JeCO WS -00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 30 Project Title: Jefferson County Marine Resotaces Committee Recipient Name: JEFFERSON COUNTY g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any tune convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property - 2 1. roperty. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced- Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable tunes, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. SEANWS-2015-JeCo WS -00007 Agreement No: SEANWS-20t5-JeCoWS-00007 Page 31 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met- Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper - For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.cey.wa.gov/programs/swfa/epp- 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. S EAN W S-2015-JeC o W S-00007 Agreement No: SEANWS-2015-JeCoWS-00007 Page 32 Project Title: Jefferson County Marine Resources Committee Recipient Name: JEFFERSON COUNTY h) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. SFANWS-2015-JeCo WS -00007